Appeal 2007-2111
Application 09/921,204
1 said second visible advertisement is visibly printed on
2 said second predetermined area of said shipping/packaging
3 carton which would otherwise be a blank area or void of any
4 visible printed details;
5
6 said second predetermined area is allotted by said first
7 party;
8
9 said second visible advertisement is provided by said
10 second party to said first party without said first party buying
11 said second visible advertisement;
12
13 said first party determines the size and location of said
14 second visible advertisement on said shipping/packaging
15 carton;
16
17 said second visible advertisement is visibly printed in
18 said otherwise blank area on a front, back, side, top or bottom
19 of said shipping/packaging carton; and
20
21 the size of said second visible advertisement is determined, at
22 least in part, by the shipping/packaging carton size.
23
24 The Examiner rejected claims 1 and 11 under 35 U.S.C. § 103(a)
25 (2004) as being unpatentable over Ford in view of Zimmerman and
26 Jenniches.
27 The Examiner has also rejected claim 11 as being unpatentable over
28 Kapp in view of Zimmerman.
29 The prior art relied upon by the Examiner in rejecting the claims on
30 appeal is:
31 Ford US 2,054,596 Sep. 15, 1936
32 Zimmerman US 2,362,181 Nov. 07, 1944
33 Jenniches DE 27 23 357 A1 Nov. 30, 1978
34 Kapp US 5,246,161 Sep. 21, 1993
3
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